ANZ Banking Group Limited, in the matter of James v James

David Anthony James is indebted to the Australian and New Zealand Banking Group Limited (ANZ) for a considerable amount of money. The debt was incurred after ANZ obtained judgment against Mr James and he failed to pay the amount he was ordered to pay. ANZ served him with a bankruptcy notice but the notice was set aside by consent. ANZ served him with a second bankruptcy notice and, after he failed to comply with the requirements of the notice within the specified time, filed a creditor’s petition, relying upon his non-compliance as an act of bankruptcy. Mr James claims that he was not served with the second notice and opposes the making of a sequestration order. The court had to determine whether the bankruptcy notice was a nullity because judgment was not fastened to the notice and whether the bankruptcy notice was served. The court held that the bankruptcy notice was not a nullity because the judgment was attached to the notice in the form of an attachment to an email. The court also held that the bankruptcy notice was served on Mr James. However, the court dismissed the creditor’s petition because the evidence of service was not satisfactory. The court held that the affidavit of the process server was not sufficient to prove that the bankruptcy notice was served on Mr James. The court ordered that the creditor’s petition be dismissed and that the applicant pay the respondent’s costs.